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PEOPLE v. BETHEA

56 A.D.3d 485 (2008)

865 N.Y.S.2d 922

THE PEOPLE OF THE STATE OF New York, Respondent, v. RUDOLPH BETHEA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 2008.

Ordered that the judgment is modified, on the law, by providing that the sentences imposed shall run concurrently with each other; as so modified, the judgment is affirmed.

The People failed to meet their burden of establishing the legality of the consecutive sentences with facts demonstrating that the robbery and the possession of the property stolen during the robbery were "separate and distinct acts" (People v Eddie, 87 N.Y.2d 640

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